Data retention put on the backburner

Updated
June 24, 2013 19:22:00

A federal parliamentary committee has been highly critical of the secrecy of the Attorney-General's Department in its handling of a proposal to retain the telecommunications data of Australians for two years. The committee says it won't recommend such a scheme, saying it's a decision for governments.

PETER LLOYD: A federal parliamentary committee has issued an unusually critical assessment of the Attorney-General's Department and its secrecy over a proposal to store Australians telecommunications data for up to two years.

The Federal Government last year sought public comment on the controversial data retention policy, along with a suite of changes to Australia's national security laws. After more than a year, Parliament's powerful joint committee on intelligence and security has presented its recommendations, saying the implementation of such a policy is a matter for government, not the committee.

But, in a bipartisan report, it has noted its significant frustration at the actions of the Attorney-General's Department.

From Canberra, Naomi Woodley reports.

NAOMI WOODLEY: Federal Parliament's joint committee on intelligence and security was asked to consider an extensive package of proposed changes to Australia's national security laws and agencies, but most attention has focused on just one: for data on the phone and internet use of Australians to be stored for up to two years in case it's required by law enforcement or security agencies.

The Government said it didn't necessarily endorse the proposal, but wanted public feedback. Today after over a year's consideration, and hundreds of submissions, the inquiry's chairman, Labor MP Anthony Byrne, tabled their report.

ANTHONY BYRNE: Speaker I note that the committee was faced with several difficulties. These included that the terms of reference were wide ranging and canvassed some of the most complex and significant reforms to national security legislation ever to come before the parliament.

NAOMI WOODLEY: The committee's 43 recommendations are unanimous. It notes that while a data retention scheme would be of 'significant utility' to national security agencies, it also raises fundamental privacy issues. Mr Byrne says after careful consideration, the committee formed the view that a data retention policy must be a decision of government, and wasn't for the committee to recommend.

ANTHONY BYRNE: The actual option of a committee being asked to recommend the establishment of an intrusive power without draft legislation provided almost an existential moment for the committee. If you see from the events of America with PRISM, what has occurred is that the public must have confidence in its oversight by parliamentary oversight agencies.

NAOMI WOODLEY: The committee did make recommendations about how a scheme should work if it was pursued by a government.

But Mr Byrne says there was an absence of detail about the suggestions, and it was 'disconcerting' for the committee to discover that the Attorney-General's Department had significantly more information on the proposal than it initially wanted to put forward.

The deputy chairman, Liberal MP and former attorney-general Philip Ruddock, was also blunt about the management of the proposals.

PHILIP RUDDOCK: The handling of this issue by the Government has been appalling. It should have brought forward, as the chair mentioned, precise recommendations in the form of legislation, draft legislation, that we could comment on in a meaningful way.

NAOMI WOODLEY: The Labor Senator, and committee member, John Faulkner says the recent controversy about the United States data scheme, known as PRISM, will heighten community concerns.

JOHN FAULKNER: Mr Acting Deputy-President, we must ensure none of our citizens is surprised if and when our intelligence, security and law enforcement agencies use their legislated powers. We must ensure any legislation to establish a mandatory data retention scheme in Australia contains the strongest safeguards to protect the privacy of our citizens.

NAOMI WOODLEY: And the Greens Senator Scott Ludlam says the Government should now abandon any plans for data retention.

SCOTT LUDLAM: This proposal will be back, I have absolutely no doubt about that whatsoever. It will be exhumed in a different form, with a few of the committee's recommendations attached, and it will be back. And it is a proposal that I suspect will have to be fought and contested, potentially, again and again.

NAOMI WOODLEY: In a statement the current Attorney-General, Mark Dreyfus, says the Government will carefully consider the report's recommendations before it decides the next step. But he says given the committee's view a data retention scheme will not be pursued at this time.